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3791 In an action against a cigarette manufacturer for negligent product design, proof that smoking increased the risks of lung cancer was insufficient to establish that plaintiff's lung cancer was caused by the alleged defect; the Federal Cigarette Labeling and Advertising Act of 1969 pre-empts state claims based on fraudulent concealment in labeling, but does not pre-empt claims based on the tobacco industry's publication of half-truths and statements manufacturing a false controversy about the dangers of smoking; liability can not be based on conduct that occurred between 1988 and 1998, when California law gave tobacco manufacturers immunity for the damage they cause.CitationWHITELEY v PHILIP MORRIS (Tobacco Fraud) 117 CA4 635 [See: Myers v Philip Morris 28 C4 828, T/AT 9/02; Naegele v RJ Reynolds 28 C4 856, T/AT 9/02; Cipollone v Liggett 505 US 504; Ortega v KMart 26 C4 1200, T/AT 2/02; State Farm v Campbell 123 SCt 1513, T/AT 7/03]
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